Class action lawsuits are civil lawsuits filed by a group of people who experienced the same or similar injuries following the use of a product or service. Usually filed based on the theory of negligence, initially the lawsuit is filed by an individual who then seeks certification to add other members to the class. From the point of view of the person or company defending the lawsuit, there are economies of scale of combining plaintiffs to make the movement of the case through the civil trial process more efficient and less time consuming.
Class action lawsuits are often found in the following product categories:
- Consumer products,
- Employee rights – like whistleblower lawsuits and wage and hour lawsuits, and medical devices.
What is a Class Action Lawsuit?
A group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. Other names used to describe a class action lawsuit include mass tort litigation or multi-district litigation. A class action lawsuit is a civil lawsuit brought by one person or a few people on behalf of a larger group of people who have suffered similar harm or have a similar claim.
Obtaining Class Certification
Just because people suffered common injury does not mean that their class can be legally certified. Judges review class characteristics to determine if the class designation is appropriate. Among the criteria examined are numericity, commonality, typicality, and adequacy.
How Potential Class Members are Notified
Once the Court certifies the class, the Court then orders that the class of people injured be notified of the lawsuit. Notification is done by mail, internet, or media advertising or solicitation. Inclusion in the class is automatic unless the person opts-out of the class.
How Recovery is Divided
If the case is successful, the Court decides the rules for the division of recoverable damages based on the personal injury or economic injury suffered by the class members. The attorneys are awarded fees and court costs and the balance is divided among class members.
Examples of Open Products Class Action Lawsuits
Current, open class action lawsuits involve the use of the following products:
- Cast Iron Pipes
- Hernia Mesh
- IVC Filters
- Stryker Hip Implants
- Takata Airbags
- Talcum Powder
Injured by a Product or Service? Call Atlanta’s Class Action Lawsuits Lawyers
The law firm of Cash, Krugler & Fredericks represents victims of serious injuries because of the negligence or intentional misconduct of others. When the injuries lead to personal injuries and economic loss, you have a right to seek compensation. Cash, Krugler & Fredericks specializes in auto and trucking accidents, spinal cord injuries, elevator accidents, brain injuries, medical malpractice, consumer protection lawsuits, class action lawsuits, defective products, and premise liability matters. Contact Cash Krugler & Fredericks to schedule a comprehensive review of your claim or call us at (404) 659-1710.